The EU`s retained vertical agreements block exemption regulation (RVABER) has recently been revised and will come into force on June 1, 2022. This regulation lays out the criteria for vertical agreements between suppliers and their distributors or customers. Vertical agreements are those made between parties at different levels in the supply chain, such as between a manufacturer and a retailer.
The purpose of RVABER is to create a level playing field for all businesses and prevent anti-competitive behavior. It allows for certain types of vertical agreements to be exempt from EU competition law, meaning they will not be subject to investigation by antitrust regulators. This exemption applies to agreements that meet specific criteria, including the parties` market shares, the nature of the agreement, and the presence of any restrictions on competition.
The revised RVABER includes several changes that businesses should be aware of. One notable change is the removal of the „hardcore restrictions“ list, which was a list of practices that were automatically considered anti-competitive and therefore not eligible for exemption. This means that businesses will need to assess their agreements on a case-by-case basis to ensure they comply with the criteria set out in the regulation.
Another key change is the introduction of a „safe harbor“ provision. This provision allows for agreements between parties with a combined market share of 30% or less to be exempt from competition law, provided they do not contain any „hardcore restrictions.“ This is intended to provide clarity and simplify the exemption process for smaller businesses.
Businesses that rely on vertical agreements should take note of these changes and ensure that their agreements comply with the RVABER criteria. Failure to comply could result in antitrust investigations and potential fines.
From an SEO perspective, it is important for businesses to understand the implications of the RVABER for their online presence. Any changes to business practices or agreements may require updates to website content, such as terms and conditions or product descriptions. Additionally, changes to market share or the nature of agreements may impact keyword targeting and overall online strategy.
In conclusion, the revised RVABER will have significant implications for businesses operating within the EU. It is essential for businesses to review their vertical agreements and ensure compliance with the new criteria. Failure to comply could result in significant legal and financial consequences. Additionally, businesses should consider the impact of these changes on their online presence and adjust SEO strategies accordingly.